Ch 5 Flashcards Preview

Business law > Ch 5 > Flashcards

Flashcards in Ch 5 Deck (18)
Loading flashcards...
1
Q

Battery

A

93-94
unauthorized and harmful or offensive direct or indirect physical contact with another person that causes injury.
ex. throwing a rock, shooting a bullet, poisoning a drink

assult and battery often occur together, although they fo not have to.

2
Q

battery

A

93-94

3
Q

battery

A

93-94

4
Q

assault

A

93

  1. threat of immediate harm or offensive contract or 2. any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary.
    ex. makes a fist and threatens to punch
5
Q

assault

A

93

6
Q

false imprisonment /shoplifting

A

94
intentional confinement or restraint of another person without authority or justification and without the persons consent.
ex. locking doors in a house to not escape

almost all states. allows merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if:
reasonable grounds, reasonable time, and reasonable matter

7
Q

libel

A

97

a false statement that appears in a letter, newspaper, book, movie basically anywhere thats writing or fixed medium.

8
Q

defamation published to a 3rd person by whom

A

97
the statement was intentionally or accidentally published to a third party.
Publication simply means that a third person heard or saw the untrue statement. it does not require appearance in newspapers, magazines or books

9
Q

defamation of public officials

A

97
cannot recover for defamation unless they can prove that the defendant acted with “actual malice”. actual malice means that the defendant made the false statement knowingly or with reckless disregard of its falsity.

10
Q

intentional infliction of mental distress

A

98
tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress.
shame, humiliation, anger, fear

11
Q

res ipsa loquitur

A

105
that things speaks for itself
leaving a surgical instrument and now doctors have to prove that he or she did not leave the instrument escapes liability

12
Q

negligence per se

A

105
the violation of a statue or an ordinance constitutes the breach of the duty of care
if homeowner is responsible to fix public sidewalk and a pedestrian trips and is injured, injured party does not have to prove that homeowner owed the duty because the statute established that

13
Q

assumption of the risk

A

108
defense that defendant can use against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury
race car drives assumes the risk of being injured or killed in a crash

14
Q

comparative negligence

A

109
damages are apportioned according to fault
if pedestrian is responsible for causing injuries 20% and drive 80%. driver pays 80,000 and pedestrian pays 20,000 from 100,000

15
Q

strict liability

A

109
imposes liability without fault on a person who engages in an abnormally dangerous activity that causes injury or death to another person.
dog bites child after child kits dog in the eye. owner is strictly liable for the injuries caused by his dog even though he has committed no negligence himself.

16
Q

The Penguin intentionally hits Batman with his umbrella. Batman, stunned by the blow, falls backward, knocking Robin down. Robin’s leg is broken in the fall, and he cries out, “Holy broken bat bones! My leg is broken.” Who, if anyone, has liability to Robin? Why?

A

The penguin – for battery

17
Q

Ralph kisses Edith while she is asleep but does not waken or harm her. Edith sues Ralph for battery. Has a battery been committed?

A

Yes – assuming they are strangers

18
Q

Claude, a creditor seeking to collect a debt, calls on Dianne and demands payment in a rude and insolent manner. When Dianne says that she cannot pay, Claude calls Dianne a deadbeat and says that he will never trust Dianne again. Is Claude liable to Dianne? If so, for what tort?

A

No – not slander, as not communicated to a third person; not intentional infliction of mental distress, as it is not outrageous conduct